Unregistered builder fined, ordered to pay compensation
Aubin Grove unregistered builder Craig Douglas Bisdee, as the sole director and secretary of Construct Homes WA Pty Ltd, has been prosecuted by the Building Commissioner for registration and contractual offences the company committed in contracting for and carrying out home building work at a Queens Park property in late 2011 and early 2012.
At trial on 18 January 2016, the Perth Magistrates Court ordered Mr Bisdee to pay a fine of $8,000, compensation to the owners of $26,994 and costs of $5,728.70 after he pleaded guilty to three charges under the Building Services (Registration) Act 2011 and two charges under the Home Building Contracts Act 1991.
The court found the company had:
- failed to ensure the home building work contract set out all the terms, conditions and provisions in writing;
- failed to obtain a policy of home indemnity insurance for the home building work;
- contracted for and carried out a prescribed building service without the required registration; and
- held out or implied that it was entitled to carry out a prescribed building service when it was not.
As the sole director and secretary who consented to the company’s actions, Mr Bisdee was taken to have committed the offences of the company.
The home building work contract was valued at $37,000 and was for alterations to an existing dwelling, including reducing the building’s size, supplying and fitting a new kitchen using existing appliances and a sink, and painting work.
“In Western Australia, if residential building work is valued over $20,000 and requires a building permit, the builder must be a registered building contractor and is required to take out a policy of home indemnity insurance in the owner’s name before accepting payment or commencing work,” Building Commissioner Peter Gow said.
“Home owners can check a builder holds the required registration on the Building Commission website at www.commerce.wa.gov.au/building-commission or by phoning 1300 489 099.
“The Building Commission will continue to hold to account and name those who put the public interest and the reputation of the building industry at risk.”
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